Author: DONALD SCARINCI

While it is still unclear whether the U.S. Supreme Court will be comprised of eight members or nine, the justices will begin holding oral arguments for the October 2018 Term in a few short weeks. Starting on October 1st, the Court will hear a number ...

In Rosales-Mireles v United States, 585 U. S. ____ (2018), the U.S. Supreme Court considered how to remedy a clear error by the district court in calculating a defendant’s United States Sentencing Guidelines range. By a vote of 7-2, the Court held ...

In Jennings v Rodriquez, 583 U. S. ____ (2018), a divided U.S. Supreme Court held that detained immigrants do not have the right to periodic bond hearings during the course of their detention. It further ruled that Ninth Circuit Court of Appeals misa...

The Supreme Court addressed the Constitution’s Contracts Clause for the first time in 25 years in Sveen v Melin, 584 U. S. ____ (2018). By a vote of 8-1, the Court held that the retroactive application of Minnesota’s revocation-on-divorce statute...

In Lozman v City of Riviera Beach, 585 U. S. ____ (2018), Fane Lozman, an outspoken critic of the Riviera Beach City Council, scored a second victory before the U.S. Supreme Court. By a vote of 8-1, the Court held that the existence of probable cause...

In Sause v Bauer, 585 U.S. ____ (2018), the U.S. Supreme Court concluded that it needs more facts before deciding whether police officers violated the constitutional rights of a woman who they allegedly told to stop praying. In their unanimous per cu...

In McCoy v Louisiana, 584 U. S. ____ (2018), the U.S. Supreme Court held that the Sixth Amendment guarantees criminal defendants the “autonomy to decide … to assert innocence” as their defense. This includes the defendant’s right to insist th...

In Byrd v United States, 584 U. S. ____ (2018), the U.S. Supreme Court held that the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat their otherwise reasonable expectation ...

In Animal Science Products, Inc v Hebei Welcome Pharmaceutical Co, 585 U. S. ____ (2018), the U.S. Supreme Court held that a federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should give “respectful consideration” ...

In Ortiz v United States, 585 U. S. ____ (2018), the U.S. Supreme Court affirmed the legality of a military officer serving as a judge on both an Air Force appeals court and the Court of Military Commission Review (CMCR). In so ruling, the Court reje...